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(영문) 서울행정법원 2018.07.20 2017구합90087 (1)
토지수용이의재결처분취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. C Housing redevelopment and rearrangement project partnership (hereinafter “instant partnership”) is a housing redevelopment and rearrangement project partnership that obtained authorization for establishment from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “the head of Seongdong-gu”) on September 8, 2004 for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant project”) using the area of project of project of Seongdong-gu Seoul as the area of project.

The plaintiffs have owned the relevant real estate listed in the attached list in the project implementation district.

B. On March 13, 2006, the association of this case received project implementation authorization for the project of this case from the head of Seongdong-gu and notified the members including the plaintiffs to apply for parcelling-out, and 18 members including the plaintiffs applied for parcelling-out to new commercial buildings.

C. The instant association established a management and disposal plan based on the current status of the application for parcelling-out (hereinafter “instant management and disposal plan”) and obtained authorization from the head of Seongdong-gu on June 20, 2007.

Since then, the association of this case newly constructed two units of commercial buildings (total number of 28 units) by implementing the business of this case.

The instant trade association decided to allocate a commercial building by drawing up 18 members of the said 28 commercial building rooms in a random way.

From among the 18 members, 16 members, excluding the plaintiffs, filed a civil lawsuit against the association of this case in order to purchase apartment buildings instead of commercial buildings because their rights are likely to purchase a commercial building of the value lower than the amount of their rights, and the mediation was concluded that the above 16 members were to sell apartment buildings to the above 16 members.

Accordingly, the member of the commercial sales association remains only the plaintiffs.

Since then, the association of this case will draw up the 28 units of newly constructed commercial buildings to the plaintiffs in order to draw one of the 28 units of commercial buildings.

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